Arizona Driving With Controlled Substances
Driving While Under the Influence of Intoxicating Liquor or Drugs
The Law
In Arizona, Section 28-1381(A)(1) states that it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug if the person is "impaired to the slightest degree."
Section 28-1381(A)(3) states that it is unlawful for a person to drive or be in actual physical control of a vehicle while there is any drug or metabolite in the person's body. This section of the law not only includes illegal drugs or metabolites found in a person's body (e.g. marijuana, cocaine, methamphetamine) but also many prescription drugs that can impair one's ability to operate a motor vehicle. This offense only requires that drugs or metabolites are found in a person's body, regardless if they were impaired by the drug or metabolite at the time of driving.
Aggravated Driving While Under the Influence of Intoxicating Liquor or Drugs
In Arizona, Section 28-1383(A) states that a person is guilty of Aggravated Driving While Under the Influence of Intoxicating Liquor or Drugs if the person does any of the following:
- Commits a violation of A.R.S. Section 28-1381 (set forth above) while the person's driver's license is suspended, cancelled, revoked or refused, or while a restriction is placed on the person's driver's license or privilege to drive as a result of violating the aforementioned sections. Note: Under this section the State can charge a person regardless of the reason for the suspension, cancellation or revocation.
- Within a period of seven years commits a third or subsequent violation of A.R.S. Section 28-1381. Note: The seven year look back period goes back to the date of the commission of the offense and the State will include not only convictions that occurred in Arizona but in any other State as well.
- While a person under 15 years of age is in the vehicle, commits a violation of A.R.S. Section 28-1381.
- While the person is ordered by the Court or required by the Department of Motor Vehicles to have a Certified Interlock Ignition Device and refuses to submit to a breath, blood or urine test, or commits a violation of A.R.S. Section 28-1381. The mere refusal to submit to a breath, blood or urine test, even in the absence of an underlying DUI conviction can result in the violation of this section.
Potential Penalties
Violation of A.R.S. Section 28-1381 is a class 1 misdemeanor and punishable by up to six months in jail. Violation of A.R.S. Section 28-1383(A)(1),(2), and (4)(b) is a class 4 felony and punishable by a mandatory minimum four months in the Department of Corrections. Violation of A.R.S. Section 28-1383(A)(3) and (4)(a) is a class 6 felony and punishable by up to six months in jail. The specific penalties for each classification of offense are as follows:
DUI (A.R.S. Section 28-1381(A)(1),(2), and (3))
A first offense of these statutes is a class 1 misdemeanor punishable by up to a maximum of six months in jail. The presumptive jail term however is 10 days and the court can suspend all but one day of the sentence if the person completes an alcohol or drug screening class. In addition to a mandatory jail sentence, a person convicted under this provision must pay a fine no less than $250 (up to $2,500) and additional assessments of $1,000. In most cases, after an administrative hearing with the Motor Vehicle Department, a person's driver's license will be suspended and upon reinstatement of their driver's license, a person convicted under these statutes must obtain a certified interlock ignition device for a minimum of 12 months.
A second offense of these statutes in a period of seven years is also a class 1 misdemeanor punishable by up to a maximum of six months in jail. The presumptive jail term is 90 days and the court may suspend all but 30 days of the sentence if the person completes an alcohol or drug screening class. The minimum fine is $500 (up to $2,500) and additional assessments of $2,500. A person's driver's license will be revoked for one year and upon reinstatement of their driving privileges the person must obtain a certified interlock ignition device of a minimum of 12 months.
Possible Defenses
As you can see, Arizona's DUI laws are complex and the penalties are harsh. The attorneys at Keith Barton & Associates, PC will make sure you understand all of the charges you are facing and the potential legal consequences. More importantly though, our qualified attorneys will determine the best course of action to take in your case and fully explain the potential defenses to your DUI charge. Every case is different, and not all defenses are applicable in a case. The following are examples of the types of defenses our attorneys are accustomed to pursuing in DUI cases:
Lack of "Reasonable Suspicion" to Commence a Stop
Law Enforcement must be able to articulate a "reasonable suspicion" to commence a traffic stop. An officer can not stop or detain a person based solely upon their race, religion, gender, age, sexual preference or other arbitrary reasons.
Lack of "Probable Cause to Arrest"
Law Enforcement must also demonstrate that there is sufficient "probable cause" to arrest an individual for DUI. Most often "probable cause" is established by an officer's observations (e.g. odor of alcohol, blood shot or watery eyes, slurred speech of a suspect) and their subjective evaluations of an individual's performance on Field Sobriety Tests (FST's).
Miranda Violations
Most people understand that they have the right to remain silent if they are suspected of committing a crime. Law enforcement must advise you of this right if you are in their custody and before they attempt to question you about an allegation. Our lawyers will look at the facts of your case to determine if any statements you made were coerced or elicited improperly by Law Enforcement, or if you were denied the right to counsel.
Insufficient Evidence
You have a right to examine all of the evidence that the State will present against you in a criminal case. That evidence must be gathered correctly, properly preserved, and be sufficient for the State to prove their case against you beyond a reasonable doubt. The attorneys at Keith Barton & Associates, PC are highly qualified and will analyze all of the police reports, witness statements and other records in your case to insure that your legal rights are protected, and to expose any potential weaknesses in the State's case.
Challenges to the Physical Evidence
The main physical evidence in a DUI case is the breath, blood, or urine sample the State will seek to introduce to establish impairment. You have the right to request an independent sample after your release to compare those results with the State's evidence. The lawyers at Keith Barton & Associates, PC will examine the State's evidence for any potential flaws in their case that could result in a dismissal of the charges or serve as a basis for an acquittal. The devices used to obtain breath samples must be regularly checked and properly calibrated. The State's personnel must be qualified to extract blood and urine samples, and records establishing a chain of custody of this evidence must be kept.
The foregoing is not a comprehensive list of possible defenses but hopefully demonstrates that it is worth the time and investment to have an experienced attorney to properly analyze your DUI case. Please contact our office to begin today!
